Cases Citing Section 354

come under the purview of superstructure, as mentioned in Section 2(k) of the Act, 2008. 12. The Hon’ble Apex Court in the case of M/s Brahmaputra Infrastructure Ltd. (supra), after referring Sections 8, 9 and 22 of the Act 2008 has held in paragraph-5 of the said...

FACTS: Anticipatory bail application in a Section 498A IPC cruelty case. Held: Arrest should not be the default action in offences carrying punishment of less than 7 years. Ratio: Police must comply with Section 41A CrPC (now Section 35 BNSS) notice guidelines before executing arrest....

a sand stone statue of Lord Budha having 70 ft height in Bhumi Sparsh posture, on the platform of a height of 30 ft. The learned counsel submitted that as per the Agreement, 30 ft high platform was to be constructed first and thereon the statue of Lord Budha was to be installed. As such, ...

question of fact with regard the date of the marriage of the petitioner, which otherwise also, can not be determined without taking evidences. 9. So far the post of Aganwadi Sevika is concerned, it is a post created under the scheme and not holding any civil post, thus no prot...

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4 of 2023 In Civil Writ Jurisdiction Case No.6909 of 2022 ====================================================== Chandradeo Mandal, Son of Dukhi Mandal, resident of Village- Khagor, P.S.- Kiul, District- Lakhisarai. ... ......

FACTS: Challenged Kerala Land Reforms Act. 13-judge bench reviewed parliament's power to amend the Constitution. Held: Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter or destroy the 'Basic Structure' of the Constitution. Ratio: Basic Structure doctri...

available. It is apt and proper to refer the judgment rendered by this Court in the case of Parvati Devi @ Parvati Singh Vs. The State of Bihar and Ors., reported in 2024 (1) BLJ 178 held as follows: Patna High Court CWJC No.426 of 2022 dt.26-11-2024 6/8 “5. This Court would also refer ...

which was to be based on a platform of 30 ft height. As such, the work performed by the petitioner in pursuance of the contract comes under the definition of ‘work contract’ defined in Section 2(k) of the Act 2008. Therefore, the Arbitration Tribunal has jurisdiction over the disput...

FACTS: Petition seeking action for police failure to register an FIR for kidnapping. Held: Registration of FIR is mandatory under Section 154 CrPC (now Section 173 BNSS) if the information discloses a cognizable offence. Ratio: No preliminary inquiry is permitted if cognizable offence is disclosed; ...

FACTS: Challenged Aadhaar biometrics scheme as violating privacy. Held: Right to Privacy is a fundamental right guaranteed under Articles 14, 19, and 21 of the Constitution of India. Ratio: Privacy is intrinsic to life and personal liberty, subject to proportionality tests for state restrictions....